Patna High Court
ABDUL HAFIZ ANSARI and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order is disposed of, with liberty to approach the lower court to confirm the settlement.
Summary
Petitioners Abdul Hafiz Ansari and Sogra Khatoon filed an application under Criminal Miscellaneous No. 39780 of 2016 seeking to quash the order dated 23.01.2016 passed by the Sub-Divisional Judicial Magistrate, Nalanda, in Mahila Police Station Case No. 81 of 2015. They claimed that the matter had been settled between the parties and that the opposite side was no longer interested in prosecution, attaching annexure 2 as evidence of the settlement. The learned counsel for the petitioners argued that the settlement rendered further proceedings unnecessary. The Court examined the submission and, without delving into substantive legal questions, directed the petitioners to approach the lower court to inform it of the settlement. The High Court disposed of the application, granting liberty to the petitioners to seek verification of the settlement by the informant in the lower court, after which prosecution may be dropped or appropriate orders made.
Issues considered
- Whether the order of the Sub-Divisional Judicial Magistrate dated 23.01.2016 can be quashed on the ground of settlement between the parties.
Subjects
- Criminal Procedure Code
- quash order
- settlement
- compromise
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39780 of 2016
Arising Out of PS. Case No.-81 Year-2015 Thana- MAHILA P.S. District- Nalanda
======================================================
1. ABDUL HAFIZ ANSARI S/o Late Takdir Ansari
2. Sogra Khatoon W/o Abdul Hafiz Ansari Both resident of Village- Sanchi
Patti, Bagmali, P.S.- Town Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Tabassum Ara daughter of Maksud Alam resident of Village- Shiekh Khurd,
P.S.- Biharsharif, District- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Kumar Sinha
For the Opposite Party/s : Mr.Sri Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 08-01-2026 Heard the parties.
2. This application has been filed for quashing the
order dated 23.01.2016 passed by the SDJM, Nalanda at
Biharsharif in Mahila P.S. Cae No. 81 of 2015.
3. Learned counsel for the petitioners submits that the
matter has been settled between the parties and therefore other
side is not taking interest after settlement. In support of his
submission, annexure 2 has been filed by the petitioner.
4. In view of the above, this application is disposed of
with a liberty to the petitioners to approach the Court below and
inform about the settlement.
Patna High Court CR. MISC. No.39780 of 2016(7) dt.08-01-2026
2/2
5. If the petitioners approach the court below then the
Court below will verify the settlement from the informant and if
the informant supports the settlement then the prosecution of the
petitioners shall be dropped. In case, the informant does not
support the compromise then appropriate orders shall be passed
by the court below.
(Sandeep Kumar, J)
Vikas/-
U
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